T. V. Shadrina, magazine expert
Certain types of work sometimes require preparation time to perform or complete. For example, a salesperson, welder or doctor needs to put on overalls to start their working day, and a cashier needs to take off their cash register to end their working day. Sometimes quite a lot of time is spent on this, and a decent number of hours accumulate. What breaks should employees be given while working? If the working day begins, for example, at 8 am, do all preparations need to be done before this time or can it be done after? Is time to prepare for and complete work included in working hours? Do I need to pay for such time?
Working time and rest time
First, let's figure out what time is considered working time. By virtue of Art. 91 Labor Code of the Russian Federation Working time means the time during which an employee, in accordance with internal labor regulations and the terms of the employment contract, must perform work duties. Also, working time includes other periods that, in accordance with the Labor Code of the Russian Federation and other regulatory legal acts of the Russian Federation, are classified as such (for example, a business trip, downtime not through the fault of the employee).
Start and end times of work according to Art. 100 Labor Code of the Russian Federation is established by internal labor regulations, which the employee is obliged to comply with by virtue of Art. 21 Labor Code of the Russian Federation.
As we can see, during working hours, the beginning and end of which are provided for by the internal regulations, the employee must fulfill his job duties established by the employment contract. This means that the employee does not have the right to use working time for any purpose other than work.
But in accordance with the provisions of Art. 106 of the Labor Code of the Russian Federation, an employee is entitled to time during which he is free from performing work duties and which he can use at his own discretion - rest time. Article 107 of the Labor Code of the Russian Federation The following types of such time are established:
– breaks during the working day (shift);
– daily (between shifts) rest;
– weekends (weekly uninterrupted rest);
– non-working holidays;
– vacations.
Let's consider breaks during the working day, since they are the ones that interest us.
Breaks during working hours that are not subject to pay
Labor legislation has established various types of breaks during the working day. The introduction of breaks will reduce employee fatigue and, accordingly, increase labor productivity. Some of these breaks, according to the Labor Code of the Russian Federation, are included in working hours and are subject to payment. But the employee can use some breaks at his own discretion, even leave the territory of the organization where he is working. One of these breaks is lunch.
Break for rest and food
According to Art. 108 Labor Code of the Russian Federation During the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes. Such a break is not included in working hours.
The time for granting a break and its specific duration are established by internal labor regulations or by agreement between the employee and the employer.
When determining the duration and frequency of breaks during working hours, you can use the Intersectoral Methodological Recommendations “Determination of Time Standards for Rest and Personal Needs,” approved by the USSR State Committee for Labor.
At jobs where, due to production (work) conditions, it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat food during working hours. The list of such work, as well as places for rest and eating, are established by the internal labor regulations.
Sleep break
Such a break is established only for certain types of work. In particular, in accordance with the Regulations on the peculiarities of working hours and rest time for workers involved in civil aviation air traffic control, when working on the night shift, the dispatcher must be given an additional break of one hour with the right to sleep in a specially equipped room.
Such a break is not included in working hours and is not subject to payment.
Work breaks included in working hours and subject to payment
We noted above that not all breaks are included in working hours and are paid. In addition to the break for heating and rest, we will name other periods that can be included in working hours.
Baby feeding breaks
Such breaks are provided to working women who have children under the age of one and a half years, at least every three hours, lasting at least 30 minutes each ( Art. 258 Labor Code of the Russian Federation).
If a working woman has two or more children under the age of one and a half years, the duration of the feeding break is set at least one hour.
Feeding breaks, at the request of the employee, can be added to the break for rest and food or, in aggregate form, transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction.
Breaks for feeding a child (children) are included in working hours and are subject to payment in the amount of average earnings.
Based on the Regulations on the Peculiarities of Working Time and Rest Time for Employees Carrying Out Civil Aviation Air Traffic Control, the following time is included in the dispatcher’s working time:
– to perform technological duties, including the time of reception and transfer of duty;
– for vocational and (or) technical studies (no more than 8 hours per month);
– for briefings, debriefings (no more than an hour per shift);
– pre-shift medical examinations (up to 5 minutes per shift per person);
– simulator training and testing of theoretical knowledge according to standards approved in the prescribed manner;
– special breaks for rest;
– preparing flight directors or senior shift controllers for briefing (no more than 30 minutes per shift).
Special warm-up breaks
Except lunch break Art. 109 Labor Code of the Russian Federation provides for the provision of special breaks for heating and rest, determined by the technology and organization of production and labor:
– employees working in the cold season outdoors or in closed, unheated rooms;
– loaders engaged in loading and unloading operations;
– other employees if necessary.
To determine the frequency and time of such breaks, employers can be guided by the Methodological Recommendations “Work and rest schedules for workers in cold weather in open areas or in unheated premises” (MR 2.2.7.2129-06)
The employer is obliged to provide equipment for heating and resting rooms for workers, in which the temperature must be maintained at 21 - 250C. The room should be equipped with devices for heating hands and feet. You should start working in the cold no earlier than 10 minutes after eating hot food (tea, etc.).
Such a break is included in working hours and is subject to payment.
Time when an employee does not work, but the law classifies such time as working time
It also happens that an employee does not work, but according to labor legislation this time is considered working time and is subject to payment. For example, an employee performs jury duty or other state or public duties ( Art. 170 Labor Code of the Russian Federation). Thus, citizens participating in activities to ensure the fulfillment of military duty or entering military service under a contract are paid an average salary during their participation in these activities at the place of their permanent work, they are reimbursed for expenses associated with hiring (subletting) housing and paying for travel to another area and back, as well as ( clause 2 art. 5 of the Federal Law of March 28, 1998 No. 53-FZ“On military duty and military service”).
Technology breaks
Sometimes the employer is obliged to establish work breaks for certain categories of employees and work conditions. Basically, such breaks are set for PC users. The regulations governing the provision of such breaks are:
– Standard instructions on labor protection when working on a personal computer ( TOI R-45 084 01) ;
– SanPiN 2.2.2/2.4.1340-03, approved Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 3, 2003 No. 118.
If an organization has introduced an eight-hour working day, then breaks need to be set:
– for work with a load level per work shift of up to 20,000 characters - 2 hours from the start of the work shift and 2 hours after a lunch break of 15 minutes each;
- for work with a load level of up to 40,000 characters - 2 hours from the start of the work shift and 1.5 - 2 hours after a lunch break lasting 15 minutes each or lasting 10 minutes after every hour of work;
- for work with a load level of up to 60,000 characters - 1.5 - 2 hours from the start of the work shift and 1.5 - 2 hours after a lunch break of 20 minutes each or 15 minutes every hour of work.
With a 12-hour work shift, regulated breaks should be established in the first 8 hours of work similar to breaks during an eight-hour work shift, and during the last 4 hours of work (regardless of the category and type of work) - every hour lasting 15 minutes.
The time of such breaks is included in working hours and is subject to payment.
Other breaks included in working hours
For some categories of employees, regulations establish other breaks during the working day, which the employer is obliged to provide and include them in working hours. In particular, in accordance with the Regulations on the Peculiarities of Working Time and Rest Time for Drivers, in addition to driving time itself, the following breaks are included in working hours:
– time of special breaks for rest from driving on the way and at final destinations;
– parking time at cargo loading and unloading points, at passenger pick-up and drop-off points, at places where special vehicles are used;
– time of work to eliminate operational malfunctions of the serviced vehicle that arose during work on the line, which do not require disassembling the mechanisms, as well as performing adjustment work in the field in the absence of technical assistance;
– the time the driver is present at the workplace when he is not driving a car, when sending two drivers on a trip (counts at least 50%).
For employees in certain industries, the employer is obliged to provide other breaks during the working day and pay for them, for example:
– workers performing fire-retardant coating should be given ten-minute breaks every hour of work, technological operations for preparing and applying solutions should be alternated during the working week ( clause 21.3 SanPiN“Hygienic requirements for the organization of construction production and construction work” (put into effect Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 11, 2003 No. 141));
– when working to organize freight transportation by rail, which is carried out wearing gas masks and respirators, workers are periodically given a technological break (at least 15 minutes) with the removal of the gas mask or respirator in a place free from dust or the release of harmful substances ( clause 3.5.6 SP 2.5.1250-03 put into effect Resolution of the Chief State Sanitary Doctor of the Russian Federation dated April 4, 2003 No. 32).
Time to prepare for work
The question that worries most personnel officers is whether it is necessary to include in the working time the time that an employee spends preparing to perform job duties (for example, the time for workers to put on overalls, turn on equipment, machines and mechanisms, for salespeople to wipe dust from counters and fulfilled other duties)?
The time to prepare for work is not specified in any norm of the Labor Code of the Russian Federation. That is, the time for changing clothes, turning on equipment, machines and other activities necessary to start work, as well as at its completion, is not classified by the Labor Code as either working time or rest time.
However, in practice, the time for preparing the workplace, turning on machines and equipment, receiving work orders, receiving and preparing materials, tools, preparing and cleaning the workplace is included in the working hours. At the same time, taking into account the fact that Art. 91 Labor Code of the Russian Federation gives the employer and employee the right to determine the principles of regulation of working time themselves; issues of including the above time periods in working time must be resolved by them independently by agreement. When making a decision, it is necessary to understand whether the actions that the employee must perform are an integral part of his work function. If, without certain actions that the employee must complete before starting work, he will not be able to perform his job duties, the time spent on their performance must be included in the working hours and must be paid.
The decision made is enshrined in a local regulatory act (usually such an act is internal labor regulations).
For certain categories of personnel, preparatory activities are included in working hours by regulations. In particular, on the basis of the Regulations on the peculiarities of the working time and rest time of car drivers, the driver’s working time includes preparatory and final time for performing work before going to the line and after returning from the line to the organization, and for intercity transportation - for performing work at the point turn or on the way (at a parking place) before the start and after the end of the shift, as well as the time of the driver’s medical examination before leaving the line and after returning from the line.
In this case, the composition and duration of the preparatory and final work included in the preparatory and final time, and the duration of the driver’s medical examination are established by the employer, taking into account the opinion of the representative body of the organization’s employees (if there is one).
This time is subject to payment
Will the time spent before and after work on preparatory and final activities be considered overtime?
Suppose an employee has a working day that begins at 9 am. Accordingly, at exactly 9:00 a.m. he must begin his work duties. Changing clothes (changing shoes), breakfast at the workplace, reading news sites, etc. must be done by the employee before the start of the working day, that is, before 9 o’clock. Some personnel officers believe that such an employee coming to work before the start time of work constitutes overtime and this must be paid as overtime. Nothing like this. During the time that the employee spends on himself, he does not fulfill his job duties prescribed to him by the employment contract and job description. And based on Art. 99 Labor Code of the Russian Federation overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period.
In addition, an employee’s involvement in overtime work is carried out only with the written consent of the employee, and if changing clothes and other personal matters were such work, the employer would need to follow the procedure for engaging in overtime work every time.
Finally
So, during working hours, the beginning and end of which are established in the internal regulations, the employee must engage in his direct labor responsibilities as provided for in the employment contract. He can engage in personal affairs only during rest ( Art. 108 Labor Code of the Russian Federation) or during special breaks ( Art. 109 of the Labor Code of the Russian Federation).
Let us note that the employer has the right to bring the employee to disciplinary liability for using working time for personal purposes. Art. 192 Labor Code of the Russian Federation– make a reprimand, announce and even dismiss on appropriate grounds. At the same time, the employer cannot apply any other disciplinary sanction (for example, a fine) to the employee. In addition, the current labor legislation does not provide for such a type of disciplinary action as a fine.
Most citizens have the right to a technical break during work. However, not everyone knows what the law says about such breaks. This article will talk about what the Labor Code of the Russian Federation regulates in technical breaks.
Technical break: general characteristics
Citizens are required by law to take a short rest while working. The time or type of rest can be selected depending on the production technology. That is why a technical break is always set by the employer himself. It is worth remembering, however, that the rest period must comply with the norms of the Labor Code of the Russian Federation. Otherwise, the employer may be held liable for the consequences.
A worker can perform work of varying complexity and duration. Depending on the type of work, a break is also set. The law regulates some basic types of rest in the workplace. These include:
- breaks to ventilate rooms where harmful substances could accumulate;
- cleaning breaks;
- breaks to update the information base, etc.
A rather important point that is worth noting is the inclusion of breaks in the length of the working day. The employer violates the law by treating the statutory rest time as additional hours of work.
Main types of breaks
The Russian Labor Code divides technical breaks into several main types. So, it is worth highlighting the following main groups:
The Labor Code considers general breaks as minutes (hours) of rest for personal needs. These are, as a rule, breaks for lunch, and at some enterprises - for sleep. A special technical break is established depending on the type of work activity (for example, metallurgists need time to ventilate the workshop). Mandatory breaks are set by the employer, and they cannot be avoided. The recommended rest time must be agreed upon.
With breaks included or not included in wages, everything is clear. It is only worth noting the need for breaks to be included in pay at almost any civilian enterprise.
Work with computer
The significant increase in office workers has a strong impact on legislation. Thus, not every employer will be able to correctly set the duration and type of technical break for workers with a computer.
It is worth highlighting, however, the provision of SanPin from 2003, which quite clearly establishes the procedure for organizing work activities with computer equipment. Thus, one of the points of the presented document regulates the need for a break lasting from 50 to 140 minutes. In this case, the employee cannot sit at the computer for more than two hours at a time.
Why are such technical breaks at work needed? First of all, for the health of citizens. After all, even the most modern and safe technology puts significant pressure on the eyes, causing fatigue, tension and irritability.
Rest and food
Any technical break involves meeting the personal needs of employees. As a rule, this is lunch. The Labor Code stipulates that the time must be no less than half an hour and no more than two hours. In this case, the specific time is established only by internal labor regulations.
There are, however, a number of certain enterprises where providing a lunch break is not possible. In this case, management must give workers time to eat during working hours. It is also worth noting the existence of paid and unpaid lunch breaks. Unpaid ones can be used not only for meals, but also for any personal needs. With billable hours, things are a little different. An example is teachers who are required to have lunch only with children (in fact, right during working hours: at the same time, teachers exercise control over students).
Personal needs
As mentioned above, general breaks include time intended for various types of personal needs. These are usually lunch hours, visiting a public restroom, smoking breaks, etc. Such breaks are necessary to reduce fatigue levels. As you know, fatigue has an extremely negative impact on workers. Efficiency decreases significantly, many employees become irritable, as a result of which collectivism disappears.
Breaks for personal needs are usually ten or twenty minutes. However, their duration varies only based on the working conditions. It is also worth noting that some companies have special rooms where employees can relax and unwind. It would be useful to recall an Asian example: for example, in Japan, managers of many companies are confident in the beneficial influence of sleep on human performance. This is why some Japanese workers use technical breaks at work to sleep.
Special breaks
Above we described in detail the time for general rest. What are specialized breaks? As you know, this is the time for some updating of the work process: airing workshops, cleaning the area, making changes to databases, etc. Naturally, a special technical (or technological) break is not established everywhere. This is required only by those enterprises where rest is necessary for equipment, and not for people. What can an employee do during this time? Since the technological break is paid, workers, as a rule, are allowed to do everything that is not prohibited by the charter: have a snack, smoke, go to the store, etc.
At the same time, rest is often necessary for the person himself. We are talking about enterprises with, for example, tobacco, metallurgical, starch or any other production hazardous to health.
How much time is given for such a technical break? 15 minutes is the minimum limit, and one hour is the maximum.
Temperature conditions
Abnormal temperature conditions are, in fact, one of the subtypes of special breaks. Thus, workers at many enterprises can simply lose strength when it is too hot or, conversely, too cold. Naturally, such workers need quality rest. This is also evidenced by Article 109 of the Labor Code of the Russian Federation, which deals specifically with temperature conditions that do not correspond to the norm.
A group of specialists must determine the optimal duration of rest. The employer is obliged to provide all necessary information regarding the holiday. After this, he begins to arrange special areas or premises where workers could recuperate. It is also necessary to mention the presence of special equipment that would help employees warm up or, conversely, take a break from the heat.
Uneven load
Often, the work activity of many workers can be divided into certain parts, and not equal in degree of load. Naturally, this kind of work activity also requires a certain duration of a technical break. What does the law say in this case?
If the work process is divided into parts, then appropriate breaks must be established between stages of work activity. In this case, each break should be at least ten minutes, maximum two hours. Working hours should not exceed the temporary norm of the working day. It is also worth noting that the breaks in question are not considered paid, and therefore are not included in working hours.
Despite the fact that the working day can be divided in completely different ways, the principle of compliance with standards still remains extremely important. For example, the workload of route bus drivers should be divided into two parts. However, each part should not exceed four hours. A technical break according to the labor code is set at two hours in duration (this does not include lunch and a break for technical reasons).
Break duration
Enough has already been said about the duration of breaks. Thus, too short a rest that does not meet the standards leads to the imposition of liability on the employer. However, there are other problems. One of them is too long a break.
Taking a long break is often worse and more inconvenient than taking too short a break. After all, it significantly delays the work process, aggravating the situation of both workers and employers. In this case, two situations stand out: the first is prolongation of breaks by the employees themselves. Such antics can be considered as banal lateness; accordingly, they entail the imposition of certain sanctions on the employee. The second situation is a schedule that does not meet the standards. The employer sets too long breaks, as a result of which the work process becomes increasingly less efficient. In this case, there are two solutions: either direct dialogue with management, or resolving the case through the court (in case of obvious inconsistencies between the breaks and the norms).
Good afternoon
The standards for taking breaks from working with computers are specified in the document “TOI R-45-084-01. Standard instructions for labor protection when working on a personal computer" (approved by Order of the Ministry of Communications of the Russian Federation dated July 2, 2001 N 162)
It indicates the TIME OF REGULATED BREAKS DEPENDING ON THE DURATION OF THE WORK SHIFT, TYPE AND CATEGORY OF WORK ACTIVITY WITH A PERSONAL COMPUTER.
1. Types of work activity are divided into 3 groups: group A - work on reading information from a computer screen with a preliminary request; group B - work on entering information; Group B - creative work in dialogue mode with the computer. When performing work related to various types of work activity during a work shift, the main work with a computer should be taken to be that which takes up at least 50% of the time during the work shift or working day.
2. For types of work activity, 3 categories of severity and intensity of working with a computer are established, which are determined:
for group A - according to the total number of characters read per work shift (no more than 60,000 characters per shift);
for group B - by the total number of characters read or entered per work shift (no more than 40,000 characters per shift);
for group B - based on the total time of direct work with a computer per work shift (no more than 6 hours per shift).
3. When working on an 8-hour shift and working on a computer, regulated breaks should be set:
- for category I work, 2 hours from the start of the work shift and 2 hours after a lunch break of 15 minutes each;
- for category II work, 2 hours from the start of the work shift and 1.5 - 2.0 hours after a lunch break lasting 15 minutes each or lasting 10 minutes every hour of work;
- for category III work - 1.5 - 2.0 hours from the start of the work shift and 1.5 - 2.0 hours after a lunch break of 20 minutes each or 15 minutes every hour of work.
4. With a 12-hour work shift, regulated breaks should be established in the first 8 hours of work similar to breaks for an 8-hour work shift, and during the last 4 hours of work, regardless of the category and type of work, every hour lasting 15 minutes.
But this is just a standard instruction - on its basis, the company should develop its own instructions. By break here we mean work away from the computer (for example, with papers, etc.), and not time for rest, but no one is stopping you from trying to interpret this as an opportunity from the series “close your eyes and think about the project” or “walk along the corridor and think about the problem."
The right of employees to rest is one of the main ones for Russian workers, while a lunch break, according to the Labor Code, in many cases is a mandatory part of the work schedule. The duration and obligation of a lunch break according to the Labor Code of the Russian Federation may vary depending on the circumstances and nature of work activity, differing for work in an 8-hour or 12-hour working day. Therefore, both employers and workers need to know how long the lunch break lasts and what standards govern it.
Lunch break according to the Labor Code - basic principles
The lunch break is not necessarily provided specifically for food and during the actual lunch. But since most workers and most organizations take a break during lunch, this is why this concept has become entrenched in the minds of Russians. The concept of a “lunch” break is not directly considered in the legislation, but a simple break is taken into account without fail.
Legal regulation of issues related to lunch breaks under the Labor Code is ensured by the provisions of the following articles of this document:
- Article 100. The issues regulated by the provisions of this article are devoted to working hours. Legislative standards directly oblige the employer to establish this regime in the provisions of the contract with workers, with a precise indication of the duration and time of the lunch break during work.
- Art. 108. This article regulates breaks and secures the right of every employee to receive such time during the working day. At the same time, this article regulates both the permissible duration of breaks and cases in which a break is not assigned.
- Article 109. The principles set forth in the standards of this article govern the warming and rest breaks that are provided to certain categories of employees. Such periods of time must be included in the working hours of workers.
- Article 224. This article regulates the procedure for providing special breaks for workers who require them due to their state of health and for medical reasons.
- Article 258. For mothers of children under 1.5 years of age, the legislator also provided for the right to receive regular breaks during work to feed their children. Moreover, such breaks have special legal regulation.
As you can understand, the categories of breaks according to the Labor Code of the Russian Federation are quite broad and include not only a lunch break, but also other types of rest for various categories of employees. But regardless of the number of additional breaks provided, a lunch break is an inalienable right of most workers.
Lunch break at 8 and 12 hour days according to the Labor Code
The most relevant for the majority of workers in the Russian Federation is a lunch break at 8 and 12 hour days. Its legal regulation is generally ensured by the standards of Article 108 of the Labor Code of the Russian Federation. According to its provisions, such a break must have strictly defined time intervals - from 30 to 120 minutes. However, the legislation does not establish a specific time for providing this break, leaving the decision on this to the discretion of the employer.
The legislation does not distinguish in any way between a lunch break in an 8-hour working day and a lunch break in a 12-hour working day. Moreover, even when working full-time, the break requirements for employees are identical.
The main feature of a lunch break according to the Labor Code of the Russian Federation is that its duration is not considered a working period. Accordingly, workers have the right to engage in any activity they wish, including leaving the territory of the enterprise and the workplace for a given period. If necessary, the employer has the right to define in local regulations several breaks at once during one working day - the main requirement in this case is compliance with the general minimum and maximum duration. That is, none of the breaks can last less than 30 minutes, and the total duration of all such breaks cannot exceed two hours during the working day.
If necessary, the employer has the right to provide employees with breaks that will be included in working hours, regulating their duration at its discretion without any restrictions. Thus, some organizations provide for the possibility of five-minute or ten-minute breaks for employees every hour or several hours, and these breaks are considered paid.
The employer has the right to independently determine the specific time for providing breaks during the day. At the same time, he can establish both a general break for all employees of the enterprise, and separate breaks for employees of different positions or different structural divisions of the organization, or even for each individual worker at different times.
When to skip a lunch break
Although a lunch break is considered mandatory for most workers, Russian legislation also provides for a number of situations in which it may not be carried out. Thus, if the nature of the work does not imply the possibility of providing lunch breaks, for example, due to the need to provide continuous customer service or to conduct production operations, then breaks may not be established. In this case, the trade union organization may require the employer to provide justification for depriving the employee of breaks.
However, when an organization has such a regime, the employer is obliged to provide workers with the opportunity to rest and eat during direct work. If it is impossible to eat and rest, workers have the right to file a complaint with the labor inspectorate against the actions of the employer and, upon inspection, he may be given either an administrative fine for violating the requirements of Article 5.27 of the Code of Administrative Offenses of the Russian Federation, or a simple order on the mandatory introduction of breaks or the elimination of the inability of workers to eat and rest .
In addition, there is another situation in which lunch breaks according to the Labor Code of the Russian Federation may not be provided to workers at all. This applies to employees working on conditions if the duration of one shift does not exceed four hours. In this case, the break is not mandatory, but the employer has the right to establish it for such workers. This also applies to work, since its duration cannot exceed half of the working time at the main place of work.
If, when working part-time, the duration of one shift of an employee exceeds four hours, he must be provided with a break on a general basis without any restrictions on this right.
For remote workers and homeworkers, it is not possible to guarantee the provision of breaks due to the nature of this work activity. Therefore, the legislation allows such employees to independently determine their working hours.
Special breaks for certain categories of workers
In addition to lunch breaks, as mentioned earlier, various types of special rest periods are provided for certain categories of workers or specific activities. In particular, such breaks should be provided in the following situations:
Regardless of work most people have the right to a legal break or lunch. In this case, the break can be standard (applicable to all personnel) and technological. This article is devoted to the essence of the technological break and its government regulation.
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What is a technological break?
Any employee should have the opportunity to rest a little, which is provided to all employed citizens by law. A technical break is introduced by the employer, since the type and duration of rest directly depend on production technology and working conditions.
Technology break– this is the time during which it is impossible to perform work due to the peculiarities of the technological process.
Regulation of issues related to technological interruption is carried out in accordance with the articles of the Labor Code of the Russian Federation affecting this topic. Thus, rest time should not be lower than the norms prescribed in the Labor Code of the Russian Federation, otherwise the employer may incur legal liability.
Kinds
In Russia there is three main types of technological recreation, enshrined in Article 109 of the Labor Code of the Russian Federation:
Peculiarities
Nature of technological interruptions determined to a greater extent by working conditions. This or that feature of rest also depends on them:
Duration
The duration of technological breaks, according to the “Letter of Rostrud dated April 11, 2012”, is initially included in the number of working hours during the day and is not added to the main schedule. The employer determines how long the break lasts.
The break should not be too short or long. The exact duration of the technological break is established in accordance with working conditions and work characteristics. It is regulated in accordance with articles and 109 of the Labor Code of the Russian Federation. The rest time is determined only by the employer.
Also It is possible to set a break every hour, if the job requires it, this is already considered by the employer.
When applying for any job, you need to read and find out information about breaks. After all, if there are not enough breaks or they are not long enough, a person may become overtired. A healthy and regulated break is the key to productive work.
Watch the video about breaks during the working day: